Cape May rejects public smoking ban
City Council rejected a smoking ban on public beaches Tuesday but did agree to set up a committee to look into the idea for the 2013 season. A 2-2 council vote in November killed an earlier proposal to ban smoking on beaches, public parks and the oceanfront Promenade. Deputy Mayor Jack Wichterman on Tuesday proposed just banning smoking on the beaches. This had been his original proposal last year, but other members of council expanded the ban before it came to a vote.
That proposal came under strong attack from the business community amid concerns it would hurt the tourism industry. President John Cooke of the Chamber of Commerce of Greater Cape May said it could hurt the Canadian tourist trade.
“My main concern is litter on the beach and smoke on the beach. John Cooke was afraid it may offend the Canadians. I’ve since found out 17 percent of the Canadians smoke compared with 21 percent in the U.S.,” Wichterman said.
A committee is often a place proposals go to die, but in this case there are indications a compromise is possible. Cooke asked to be on the committee and suggested a ban along the water while allowing smoking on the beach within 100 yards of the Promenade.
“We opposed the previous ban because it was all encompassing. The chamber wants to work with you as much as possible,” Cooke said.
There was opposition even to a geared back smoking ban. Daniel Kurkowski, a lawyer who lives on Corgie Street, who said he is a nonsmoker, argued such bans are not constitutional.
“We have constitutional rights. When you ban something that is permitted, you will have lawsuits. You’re going to affect too many people’s right to smoke, which is their right,” Kurkowski said.
He suggested strongly enforcing littering laws to keep cigarette butts off the beaches.
George Costich, a Victorian Towers resident who described himself as a former smoker, said the habit is more deadly indoors where it causes structure fires and deaths. He suggested a ban at hotels, motels and bed & breakfasts.
“If you’re going to have a law, have one that stops smoking indoors. I’ve never heard of a person being killed by a cigarette butt on the beach,” Costich said.
Wichterman argued that other shore towns, including Seaside Park and Seaside Heights, have banned beach smoking and suffered no loss in tourism or enforcement issues.
“It’s pretty much self-enforced. You don’t have to enforce no smoking in restaurants and bars because they understand,” Wichterman said.
He did not get much support from his colleagues for anything other than a committee. Councilwoman Terri Swain said her feedback was entirely against a ban. Councilman William Murray, who voted for the larger ban in November, said most of his feedback was against a ban.
“I can’t say whether I’m for it until I see something more definitive,” Murray said.
“I can’t be more definitive,” Wichterman replied. “Every beach is what I suggest. You enlarged it (last year) to the Promenade and the mayor enlarged it to public parks.”
Councilwoman Deanna Fiocca missed the November vote but said her feedback is about even for and against a ban. She said her concern is moving smokers to a concentrated area people have to pass through. Fiocca suggested putting the issue on the November ballot for voters to decide.
“They didn’t elect me to put it on the ballot. I don’t believe in referendums,” Wichterman said.
Mayor Ed Mahaney suggested Wichterman work with the police, beach badgers, city manager and others in studying the issue this year to see what can be done in 2013 without causing the city negative publicity or creating an enforcement problem. Wichterman agreed to chair the committee.
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